TERMS OF USE

If the individual accepting these Terms is accepting on behalf of a company or legal entity, such individual represents that they have the authority to bind such entity and its affiliates to these Terms, in which case the term “User” shall refer to such entity and its affiliates. If the individual accepting these Terms does not have such authority, or does not agree with these Terms, such individual must not accept these Terms and may not use the Services.

1. Shift Financing and Third-Party Services
Shift Financing, through the Site, refers Users to a number of products and services provided by third-party service providers (“Third Party Service Providers”) including but not limited to services related to personal loans, auto loans, powersport loans, leisure loans, rv loans, trailer loans, boat loans, atv loans, utv loans, snowmobile loans, camper loans, watercraft loans, credit monitoring, credit rebuilding, sales, and services related to the sale, purchase, and use of motorized vehicles and other related services. In using the Site, Users may obtain quotes for, or purchase access to, such products or services (each, a “Product”). Completing an online application for the purpose of obtaining a quote or for the purchase of a Product or service provided by Shift Financing or a Third Party Service Provider does not form a client relationship with either Shift Financing or the Third Party Service Provider. All confirmations of engagement will be confirmed with Users by e-mail. Users agree that Powersport Financing has no liability arising from the use of any Services made available by Third Party Service Providers.

2. Privacy Policy
‍Please refer to Shift Financing’s privacy policy (the “Privacy Policy”) for information on how Shift Financing collects, uses and discloses personally identifiable information from Users.  By using the Site, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

3. Payment, Fees, Charges, Taxes, Refunds and Cancellation
‍You can pay for your order with credit card, as described on the Site. Any financial information which we collect will be safely and privately stored in accordance with our Privacy Policy. Fees and other charges for the purchase of Product(s) and Services are described on the Site and may be further described in an Order Form. If you are purchasing Product(s), you will pay the applicable fees and charges, as described on the Site, as it relates to such Product(s). You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction. Refund and cancellation particulars are defined and specified on the Order Form corresponding to the Product(s) purchased.

4. Product Availability and Price
‍The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. All prices and other amounts appearing on the Site are quoted in Canadian dollars unless otherwise indicated and are subject to change. If a product or service becomes unavailable for whatever reason after an order is accepted,  Shift Financing may terminate the order by giving you written notice. In such event, Shift Financing will contact you to arrange for a refund or provision of credit against future purchases.

5. License to Use the Site and License Restrictions
‍In these Terms the content on the Site and Services, including all information, data, logos, marks, designs, graphics, documents, recordings, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Shift Financing grants to you a revocable, non-exclusive, non-sublicensable license to use the Site and the Services and to view the Content available to you through the Site (“License”). Other than as expressly permitted in these Terms, and as may be further described in an Order Form, the License is subject to the following restrictions and account terms:
(a) The Content and Services we provide through the Site are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Site.
(b) You may not make or distribute copies of the Site, Services or Content or reproduce, distribute or display the Site, Services or any Content (except for page cacheing) except as expressly permitted in these Terms.
(c) You may not modify or create derivative works based on the Site, Services or Content.
(d) You may not use the Site, Services or Content for any application deployment or ultimate production purpose.
(e) You may not use the Site, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
(f) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site, Services and/or Content.
(g) You may not otherwise use the Site, Services or Content other than for its intended purpose.
(h) You may not use any data mining, robots or similar data gathering or extraction methods.
(i) Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
(j) You have reached the age of majority in the province, state, or country where you are resident, and you can form legally binding contracts under applicable law.
(k) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.The licenses in this Section are revocable by Powersport Financing at any time.

6. Ownership, Copyright and Trademarks
‍Content provided by Users on the Site or otherwise sent to Shift Financing to be posted on the Site is called “User Content”. The Site, all Content and any other software used to create and operate the Site is the property of Shift Financing or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Shift Financing. You may only use the Site and Services for the purposes expressly permitted on the Site. In particular, you may not use the Site or Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or Services or any other service provided through our technology or the Site or Services, or that is similar thereto.

7. Third Party Sites, Content, and Software
‍The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content including but not limited to software (“Third-Party Content”). You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Shift Financing does not monitor or have any control over and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Shift Financing provides access to such content only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Shift Financing’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Shift Financing accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern.

Shift Financing also provides no warranty or guarantee concerning the services provided and makes no representations concerning the expected outcome(s) of any services procured. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site or Third-Party Content provider, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Shift Financing or the Site may also provide or contain the ability to integrate the Services with Third Party Content, third-party software and/or open-source software, which may be subject to third-party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms.

By accepting these Terms, Users are also accepting the Third Party Licenses. Users agree that Shit Financing has no liability arising from the use of any offerings or integrations made available via Third Party Content, Third Party Sites, third-party software, open-source software, and related services. Shift Financing may modify or cancel the offerings or integrations at any time, without notice.

8. Advertisements and Promotions
‍Powersport Financing may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Shift Financing, and any terms, conditions, warranties, or representations associated with such dealings are solely between you and such third party.  Shift Financing is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

9. Warranty Disclaimer
‍THE SITE, SOFTWARE, CONTENT, INFORMATION, AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM SHIFT FINANCING OF ANY KIND, EITHER EXPRESS OR IMPLIED. SHIFT FINANCING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE, SOFTWARE, CONTENT, INFORMATION, AND THE SERVICES ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UP ON AS ACCURATE, COMPLETE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE. SHIFT FINANCING DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED THROUGH USE OF THE SERVICES OR OTHER PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, SOFTWARE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. SHIFT FINANCING DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES, OR ANY PORTION THEREOF, INCLUDING THIRD PARTY CONTENT, PROMOTED OR SOLD ON THE SITE. PRODUCT(S) OR SERVICES, INCLUDING SERVICES OFFERED BY THIRD PARTY SERVICE PROVIDERS, MAY BE UNAVAILABLE OR DISCONTINUED. SHIFT FINANCING MAY PROVIDE ADDITIONAL PRODUCT(S) SPECIFIC DISCLAIMERS IN ITS DESCRIPTION OF SUCH PRODUCT(S) ON THE SITE OR THROUGH THE SERVICES, EMAIL OR OTHER CORRESPONDENCE TO YOU, THE PRODUCT(S) THEMSELVES OR IN AND/OR ON THE MEDIUM IN WHICH DELIVERED. SHIFT FINANCING FURTHER DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ANY SERVICES PROVIDED VIA THIRD PARTY SERVICE PROVIDERS, AND  POWERSPORT FINANCING DOES NOT GUARANTEE OR WARRANT ANY OUTCOMES THAT MAY ARISE BY CONSEQUENCE OF SUCH SERVICES.

10. Typographical Errors or Inaccuracies The Site may contain typographical errors or inaccuracies and may not be complete or current. Shift Financing reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Shift Financing reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

‍11. Limitation of Liability; Indemnity
‍You waive and shall not assert any claims or allegations of any nature whatsoever against Shift Financing, its affiliates or subsidiaries, their contractors, vendors, or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Services or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

Without limitation of the foregoing, neither Shift Financing nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of Product(s) you purchase through the Site, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Services Content or other information obtained from Shift Financing or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services. In no event shall the aggregate liability of Shift Financing, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for Product(s), Services or access to the Site or Services during the three months prior to the date of any claim, if any.

You shall defend, indemnify and hold harmless Shift Financing and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising out of your use of the Site and Services and from the use of the Site and Services by any person to whom you give access to your account.

12. Applicable Law and Venue
‍The Site is controlled by Shift Financing and operated by it from its offices in Alberta, Canada. You and Shift Financing both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Shift Financing explicitly agree that all disputes, claims, or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.

13. Modification of Terms
Shift Financing reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site and/or Services, at any time and in its sole discretion.

‍14. Miscellaneous
‍If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

‍15. No Financial or Credit Advice
‍The content provided on this website, including but not limited to articles, blog posts, and other informational resources, is for general informational purposes only and does not constitute financial, credit, or legal advice. We are not licensed financial advisors, credit counselors, or any other professional entities qualified to offer financial advice.

16. No Professional Advice
‍No Financial or Credit Guidance: The information provided on this website should not be interpreted as financial, credit, investment, or legal advice. You should seek advice from a qualified professional before making any financial decisions.Accuracy of Information: While we strive to provide accurate and up-to-date information, we make no warranties or guarantees regarding the accuracy, completeness, or reliability of any information provided. The content is subject to change without notice and may not be up-to-date or applicable to your specific circumstances.

By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.